Montano v. Adams et al

Filing 36

ORDER DENYING 35 Motion for Extension of Time to Serve Defendants and Continuing Hearing on Motion to Amend the Complaint signed by Magistrate Judge Stanley A. Boone on 7/5/2016. Service Deadline: 7/20/2016. Motion Hearing set for 8/24/2016 at 10:00 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTONIO V. MONTANO,
Plaintiff,

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Case No. 1:15-cv-00452-LJO-SAB (PC)
ORDER DENYING MOTION FOR
EXTENSION OF TIME TO SERVE
DEFENDANTS AND CONTINUING
HEARING ON MOTION TO AMEND THE
COMPLAINT TO AUGUST 24, 2016

v.

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DARREL ADAMS, et al.,

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Defendants.

(ECF No. 35)

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Plaintiff Antonio V. Montano is a state prisoner proceeding in forma pauperis in this civil

18 action pursuant to 42 U.S.C. § 1983. On May 25, 2016, an order issued requiring Plaintiffs to
19 serve the defendants in this action on or before June 30, 2016. (ECF No. 28.) On June 19, 2016,
20 Plaintiff filed a motion seeking to have this action dismissed and proceed in the consolidated
21 action of Alaniz v. Schwarzenegger, No. 1:15-cv-01063-LJO-SAB (E.D. Cal.) (ECF No. 34.)
22 On June 30, 2016, Plaintiff filed a motion for a ninety-two day extension of time to serve this
23 action. (ECF No. 35.)
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The Court declines to grant the motion for an extension of time. While Plaintiff seeks to

25 avoid the costs of service of this complaint, the issue to be addressed in the motion to treat the
26 Alaniz complaint as the operative complaint may affect the claims that will be able proceed in
27 this action. Therefore, the Court finds that Defendants should be provided with an opportunity to
28 address the motion currently set to be decided in this action.

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Accordingly, IT IS HEREBY ORDERED that:

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Plaintiff’s motion for an extension of time to serve the defendants in this action is
DENIED;

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Plaintiff shall serve this complaint and notice of the motion to amend on or before
July 20, 2016;

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The hearing set for July 20, 2016, is CONTINUED to August 24, 2016 at 10:00
a.m.; and

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Failure to comply with this order may result in the issuance of sanctions.

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IT IS SO ORDERED.

11 Dated:

July 5, 2016
UNITED STATES MAGISTRATE JUDGE

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